Federal Trade Commission v. AMG Services, Inc. et al

Filing 212

ORDER that the remaining Rule 30(b)(6) deposition topics are amended as outlined above. FURTHER ORDERED that 207 Cross-Motion to Compel Deposition Answers and Production of Documents is GRANTED in part and DENIED in part. The Tribal-Chartered Defendants must produce the documents listed above via electronic mail not later than October 16, 2012, 11:00 AM PDT. Signed by Magistrate Judge Cam Ferenbach on 10/12/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,

2:12-cv -00536-GMN-VCF

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Plaintiff,
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ORDER

vs.
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AMG SERVICES, INC., et al.,
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Defendants.

(Emergency Motion For Protective Order #188
and Cross Motion to Compel #207)

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Before the Court is the Tribal-Chartered Defendants’ Emergency Motion For Protective Order.
(#188). The Federal Trade Commission (hereinafter "FTC") filed a Sealed Response (#204), a Redacted
Response (#205), a Declaration (#206), and a Cross-Motion to Compel Deposition Answers and

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Production of Documents (#207). The court held a hearing on October 12, 2012.
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Relevant Facts
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On September 14, 2012, the FTC transmitted Notices of Depositions to the Tribal-Chartered
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Defendants. (#188-1). The FTC's deposition notices provided seven (7) specific topics for the Rule
30(b)(6) depositions. Id. On September 28, 2012, the Tribal-Chartered Defendants filed an emergency

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motion for protective order, asking this court to enter an order stating that they are not required to

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appear at the depositions noticed for October 4, 17 and 18, 2012, pending the court’s ruling on the

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motion. (#188). The Tribal-Chartered Defendants also asked this court to limit the scope of the
deposition topics as noticed (#188-1). Id.

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On October 1, 2012, the court entered an order granting in part and denying in part the Tribal-

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Chartered Defendants’ motion for protective order (#188) with respect to the October 4, 2012,

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deposition. (#190). The court ordered the parties to proceed with the October 4, 2012, 9:00 a.m. Rule
30(b)(6) deposition of Defendant SFS, Inc. as noticed (#188-1), limited the deposition to four (4) hours,

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and limited the topics as noticed. Id. The court held that the FTC may file an opposition to the Tribal7

Chartered Defendants’ motion (#188) “with respect to the October 17th and 18th depositions, on or
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before 4:00 p.m. on October 10, 2012, which will include, as an exhibit, an expedited copy of the
transcript of the October 4, 2012, deposition.” Id. The court scheduled a hearing for October 12, 2012,
at 1:30 p.m. in Courtroom 3B. Id.

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Tribal-Chartered Defendant SFS, Inc’s Rule 30(b)(6) witness Lee W. Ickes was deposed on

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October 4, 2012, at 9:05 a.m. (#204-1). On October 10, 2012, the FTC filed a motion to seal response

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(#203), a sealed response (#204), a redacted response (#205), a declaration (#206), and a cross-motion

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to compel deposition answers and production of documents (#207). The October 4, 2012, deposition

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transcript was filed under seal (#204-1) pursuant to SFS, Inc.’s request that the deposition transcript be

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deemed “Confidential” under the confidentiality and protective order. (#203).

On October 11, 2012,

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the court granted the FTC’s motion to seal response (#203). (#210). The court held a hearing on
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October 12, 2012.
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Discussion
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A.

Deposition Topics

Upon a review of the moving papers (#188, #204, and #206), the court amends the topics for the
remaining expedited Rule 30(b)(6) depositions as follows:
(1)

The formation, organizational structure and hierarchy of the Tribal-Chartered Defendant.

(2)

The identity of persons who control the Tribal-Chartered Defendant and/or its assets.
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(3)

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entered into by the Tribal-Chartered Defendant in furtherance of its short-term lending business.

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The formation of, performance under, and payments pursuant to any agreement(s)

(4)

Operation and day-to-day management of the Tribal-Chartered Defendant.

(5)

Identification of what tribal programs and services, or the like, that the Tribal-Chartered

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Defendant's revenues support.
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(6)

Distribution of the Tribal-Chartered Defendant's revenues and earnings, including

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division of profits among owners, employee compensation, contractor costs, provision of tribal
government services, and tribal government access to Tribal-Chartered Defendant's financial

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information. Inquiry not to be cut-off on the ground that a transfer of funds involved a

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co-defendant.

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(7)

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interrogatories, and requests for admissions, including the basis and facts supporting the

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Tribal-Chartered Defendant's responses to these written discovery requests and the authenticity,

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creation, use and custodial history of the documents produced.

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The Tribal-Chartered Defendant's responses to the FTC's expedited document requests,

(8)

Tribal regulation of the Tribal-Chartered Defendant's lending activity.

B.

Production of Documents

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The court agrees with the FTC that the Tribal-Chartered Defendants’ financial documents as
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requested in the FTC’s expedited discovery requests (#206 Exhibits B, C, D, and E) are within the scope
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of expedited discovery ordered by the court. (#207).

All Tribal-Chartered Defendants must produce

the following documents via electronic mail not later than 11:00 AM PDT, October 16, 2012:

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Tribal-Chartered Defendants' Financial Statements, as defined in the FTC's Expedited Document

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Requests (#206 Exhibits B, C, D, and E), annual reports, balance sheets, federal, state and tribal income

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tax returns, profit and loss statements, and statements of income and expenses from 2002 through the

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present.

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Accordingly and for good cause shown,
IT IS HEREBY ORDERED that the remaining Rule 30(b)(6) deposition topics are amended as

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outlined above.
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IT IS FURTHER ORDERED that the FTC’s Cross-Motion to Compel Deposition Answers and
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Production of Documents (#207) is GRANTED in part and DENIED in part as discussed above. The
Tribal-Chartered Defendants must produce the documents listed above via electronic mail not later than
October 16, 2012, 11:00 AM PDT.
DATED this 12th day in October, 2012.
___________________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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